Why Does the Law Punish Attempt to Murder So Strictly?
Criminal law does not wait for death to occur before imposing responsibility. When a person acts with the intention to kill and takes a direct step towards that goal, the law treats the conduct as extremely serious. Attempt to murder reflects a dangerous state of mind and poses a grave threat to human life.
Earlier, this offence was governed by Section 307 of the Indian Penal Code, 1860. After the criminal law reforms, the offence now falls under Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Although the law has been renumbered, the gravity of the offence remains the same.
What Did Section 307 IPC Provide?
Section 307 IPC punished attempt to murder. It applied when a person, with intention or knowledge required for murder, committed an act that would have caused death if it had succeeded. Actual death was not necessary for the offence to be complete.
The provision focused on the intention behind the act rather than the final outcome. Even if the victim survived due to timely medical aid or chance, the offence still attracted severe punishment.
How Did Courts Interpret Attempt to Murder Under IPC?
Courts consistently held that the nature of the injury was not the decisive factor. Instead, they examined the intention of the accused and the circumstances in which the act was committed. The use of deadly weapons, the part of the body targeted, and the force applied often guided judicial reasoning.
Thus, even a simple injury could result in conviction under Section 307 IPC if the intention to kill was clear.
Why Was Section 109 BNS Introduced?
The Bharatiya Nyaya Sanhita seeks to modernise criminal law while preserving its core principles. Section 109 BNS replaces Section 307 IPC without diluting its seriousness.
The objective was to present the offence in clearer language and integrate it within a restructured legal framework, not to reduce punishment or liability.
What Does Section 109 BNS Provide?
Section 109 BNS provides punishment for attempt to murder. It applies when a person commits an act with the intention or knowledge that would amount to murder if death had occurred.
The punishment structure remains strict, reflecting the seriousness of the offence. The provision continues to emphasise mental intent and dangerous conduct rather than the actual result.
Has the Legal Test for Attempt to Murder Changed Under BNS?
The legal test remains largely unchanged. Courts still focus on intention, preparation, and execution. Mere preparation does not amount to an offence. However, once the accused takes a direct step towards causing death, Section 109 BNS comes into play.
Judicial principles developed under Section 307 IPC will continue to guide interpretation under the new law.
What Punishment Can Courts Award Under Section 109 BNS?
Courts may impose imprisonment for a long term, including life imprisonment, depending on the facts. If the act causes hurt, the punishment may become more severe.
This flexibility allows courts to assess the seriousness of each case while maintaining strong deterrence against violent conduct.
How Is Attempt to Murder Different from Grievous Hurt?
The difference lies in intention. Grievous hurt focuses on the injury caused, while attempt to murder focuses on the intention to kill. A serious injury without intent to kill may not amount to attempt to murder.
Therefore, courts closely analyse the mental element before framing charges.
Will IPC Case Law Still Apply Under BNS?
Yes. Courts will continue to rely on established judicial interpretations under Section 307 IPC while applying Section 109 BNS. The legislature did not intend to disrupt settled law.
As a result, continuity in legal reasoning remains intact.
Why Is the Comparison Between Section 109 BNS and Section 307 IPC Important?
This comparison reassures that criminal law reform does not weaken protection of human life. Attempt to murder continues to attract strict punishment under the new legal framework.
Understanding this transition helps legal professionals and citizens adapt to the new law without confusion.
Conclusion
Section 307 IPC long governed the offence of attempt to murder. Section 109 BNS now carries forward the same responsibility under a modern criminal law framework. While the numbering and structure have changed, the core principle remains firm. A deliberate attempt on human life invites severe punishment, even if death does not occur. Section 109 BNS upholds this fundamental principle of criminal justice.
